A Gwangju Criminal Case Attorney's Defense Case | Gwangju Criminal Case Attorney, Non-Referral for a Middle School Student in an Extortion and Assault Matter

This is the account of the client who requested the assistance of a Gwangju criminal case attorney.

The client was a classmate of the victim student.

According to the victim student's statement, the client threatened the victim student and, on several occasions, had the student buy items from the school store and then took them by force.

The student also alleged that, the next day, the client suggested playing a game and then struck the student's upper body with a gloved fist.

The victim student further stated that the student continued to be assaulted by the client without any reason.

The client, however, acknowledged some of the victim student's allegations but strongly denied other parts.

To defend against punishment, the client sought out and requested the help of a criminal case attorney at the Gwangju office.

Whether inside or outside school, and whether online or offline, conduct such as ostracizing a fellow student or making threats through physical assault, verbal insult, extortion, or coercion is recognized as school violence.

Criminal Act Article 350 (Extortion)

Extortion is a crime of threatening another person to obtain a pecuniary benefit or to take another person's property.

If the victim student was threatened by the client and had items or money taken away, extortion may be established.

In particular, if the client had the victim student buy items and then took them by force, this may constitute extortion.

Criminal Act Article 257 (Assault)

Assault is the act of applying unlawful force to the body.

If the client assaulted the victim student, the crime of assault may be established.

The attorney emphasized that, although it was true that the client and the victim had pretended to punch each other in play, the client's fist had only grazed the victim by accident, and that there was no intent.

The attorney emphasized that, among the classmates present at the time of this incident, no student stated that they had seen the client coerce or threaten the victim student into bringing items.

Under the Criminal Act, the assault in the crime of assault must be of a degree that can be regarded as an unlawful attack on a person's body.

The attorney emphasized, however, that it is difficult to assess as assault conduct occurring while close friends play with one another at a level that, given the strength of middle school students, would not cause injury.

In the above case, the client, who had been reported on charges of extortion and assault, received a non-referral decision with the help of a Gwangju criminal case attorney and succeeded in defending against punishment.

In the case of a juvenile, if the juvenile becomes involved in a criminal case, dispositions ranging from a protective disposition to referral to a juvenile reformatory may be imposed, so receiving the help of an attorney can be helpful.

Daeryun Law Firm assists clients through a range of legal services, including accompaniment at police questioning and support in preparing statements.

If you are facing difficulties in a situation similar to the above case, please 🔗book a Daeryun legal consultation and entrust your case to a Gwangju criminal case attorney.